TCEQ proposes changing controversial air permit rules

Published 7:10 pm, Wednesday, June 16, 2010

AUSTIN ? Texas regulators proposed rule changes Wednesday to try to demonstrate that its embattled air permit program complies with federal law, but their action appears unlikely to dent the U.S. Environmental Protection Agency's opposition.

The rule changes to the flexible-permit program will be considered for approval by the Texas Commission on Environmental Quality after a public comment period. They were described by state officials, who are fighting the EPA over Clean Air Act regulation, as mainly clarifying existing policy.

?We're changing the processes, but we're not changing the permit that you get at the end. The emissions aren't going to change ... and they're the same levels that we've contended meet federal requirements,? TCEQ Chairman Bryan Shaw said in an interview.

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Flexible permits set an air emissions cap for an entire facility but allow leeway for various units within it.

Federal regulators and environmental groups say that type of permit, never approved by the EPA, hinders enforcement of clean-air rules. State regulators and industry groups say the permit program has resulted in cleaner air by encouraging companies to counteract emissions from older facilities that don't have to meet current clean-air standards.

The EPA is expected to reject the flexible-permitting program by the end of the month. The federal agency has already rejected another state air-quality rule ? an action Texas is challenging in federal court ? and has taken over the permitting process for three major facilities after objecting to proposed air-quality permits drafted by the state agency.

Al Armendariz, EPA's regional administrator, said in an interview Tuesday his focus wasn't on the proposed changes to flexible-permit rules.

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?Our action is going to be based on those rules that the state of Texas has already been implementing for a number of years,? Armendariz said. ?It's not a high priority for me to engage with the state in a process to create a new version of that program.

?New programs under the Clean Air Act sometimes take years to evaluate and to approve,? he added. ?My high priority right now is simply to get the permits that are flawed in Texas corrected.?

Gov. Rick Perry and other state officials have accused the federal government of overreaching, saying states have been delegated authority in deciding how to meet clean-air standards. They've also said the EPA's action will mean lost jobs.

Armendariz has said he's trying to get Texas to comply with the Clean Air Act and has disputed the idea that it would cost jobs.

Shaw said if the EPA rejects the flexible-permit program, that may mean another state trip to federal court.

?It's worth us considering all available options to try to protect this program that's been successful in the state, both environmentally and economically,? he said.

Wednesday's flexible-permit proposal would change the rules but not actions taken by the agency in reviewing permits, according to top TCEQ staffers.

The proposed rules address issues including monitoring, record keeping and reporting by more clearly specifying what the agency is looking for in those areas, according to TCEQ. The rules also say the program can't circumvent federal requirements, which officials said is already the standard.